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Questions Answered by Bruce Martin Broyles

2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

My condo association has used scare tactics and harassing tactics to squeeze money out of homeowners. Some have filed bankruptcy not not knowing the management company that has been receiving payments for the last 13 years, has been cancelled by the state. Yet they have still used a law firm to... Read more »

Bruce Martin Broyles answered on Aug 16, 2019

The articles of incorporation are often cancelled for failure to pay annual fees. The corporation can have the articles reinstated and ratify the conduct by a shareholder's meeting. As a shareholder, I believe that every owner is a member of the association, you are entitled to receive the... Read more »

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1 Answer | Asked in Real Estate Law, Environmental and Insurance Bad Faith for Ohio on

Q: If a neighbor did major work next to your property line to run storm water pipes on to your property should you be told

And to find out the neighbor had been plotting this move for over a year after the head of soil and conservation advised neighbor not to block the watercourse THATS been their for 100+ years so the neighbor gets a permit to put in a WMSC and now we are getting all of the pollutions from the... Read more »

Bruce Martin Broyles answered on Aug 15, 2019

Your neighbor cannot alter the course of the natural flow of water onto your property. The permits and zoning do not determine whether he has a right to adversely effect your property. You have rights that should be enforced through a complaint for trespass and request for mandatory injunctive... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: How is a manufactured home valued for loan purposes if the county has it recorded as real property?

It is on a foundation so the title was surrendered in lieu of a deed. The tax dept says its real estate but the appraiser says its a trailer basically which under values it by about $40,000. How or can we change the way they value the house?

Bruce Martin Broyles answered on Aug 11, 2019

once you surrender title the auditor should describe it as real property and you should no longer be taxed as personal property. show this information to the appraiser

1 Answer | Asked in Real Estate Law for Ohio on

Q: How does a Vendor enforce a Land Contract when Vendee fails to pay real estate taxes?

Land contract states: "Real estate taxes shall be the responsibility of the Vendee as of the date of the execution of this agreement. Said taxes shall be escrowed and added to the principal and interest payment required hereunder." Vendee has not paid anything toward real estate taxes, although... Read more »

Bruce Martin Broyles answered on Aug 9, 2019

Ohio has a very specific statute for Land Installment Contracts; R.C. Chapter 5313. If the land installment contract has been in effect for less than 5 years or the purchaser has paid less than 20% of the purchase price, you may proceed by giving a notice of forfeiture. This notice places the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: If we submitted a deposit equal to our monthly rent and signed a year lease does our deposit accrue interest?

Our deposit amount was $1950 and we lived in the house for two years (signed two 1-year leases)

Bruce Martin Broyles answered on Jul 30, 2019

5321.16 Procedures for security deposits.

(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or...
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2 Answers | Asked in Contracts for Ohio on

Q: Was under contract to buy a house. The seller backed out and took his house off market. I paid Approx $ 1,300 in fees.

The realtor ordered the appraisal and inspections but is saying I have to take the seller to small claims court to get my money back. Shouldn’t the realtor pay me back?

Bruce Martin Broyles answered on Jul 29, 2019

Your purchase agreement usually has a provision in it as to the real estate agent cannot release the funds to either the seller or the purchaser in the event the purchase agreement is cancelled or breached. Typically, there has to be a written agreement signed by both, or a judgment directing the... Read more »

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1 Answer | Asked in Construction Law for Ohio on

Q: What are my options if a new home builder is refusing to fix issue in a manner consistent with the blueprints,

We recently built a new home and took possession in Dec 2018. The blueprints for this home show a well basement exit with stairs "exiting to grade". The new home builder made a mistake when pouring the concrete steps and they now exit about 20 inches above the grade. The builder is unable to raise... Read more »

Bruce Martin Broyles answered on Jul 16, 2019

I believe that you have a breach of contract. However, your damages maybe severely limited by the diminution of fair market value. The damages would be the cost to correct or cure, but those damages are limited by the amount that the fair market value of your home is diminished by the failure to... Read more »

2 Answers | Asked in Contracts for Ohio on

Q: Can I be held responsible if I cosigned for a vehicle and the person turned it back in?

I cosigned a vehicle and the other person turned it back into the dealership, now they are coming after me for the money, am I responsible for that? Can they garnish my wages for a vehicle they took back?

Bruce Martin Broyles answered on Jul 16, 2019

Yes. You can be held liable as a co-signor. Yes, they can garnish your wages, IF they obtain a judgment against you. Depending on the language of the contract you co-signed the finance company may have had to give you notice that the vehicle was being turned back in, if payments ere behind, if... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: does a tenant have a legal right to argue a land contract that was not recorded in Ohio? tenant wants an extension

land contract in ohio, not recorded, owners want to evict and tenants want an extension based off of land contract was not recorded

Bruce Martin Broyles answered on Jul 9, 2019

The failure to record is probably insufficient to obtain an extension. The law may provide for an extension in that if you have paid for more than 5 years or you have paid more than 20% of the purchase price, then the owner cannot simply evict you. Instead they must foreclose your interest in the... Read more »

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2 Answers | Asked in Contracts for Ohio on

Q: If 2 parties are responsible for a debt and 1 party party pays a portion of that debt andit is considered to be "in full

and final satisfaction of her liability herein" is the other party still responsible for the remaining debt? Nowhere in the contract does it specify that either of the parties are responsible for a certain portion of the debt. It appears to be considered 1 debt. If her debt is satisfied, isn't... Read more »

Bruce Martin Broyles answered on Jul 9, 2019

You both are liable to the creditor for the entire amount of the debt. Between the two of you there may be a claim of contribution if one party pays more than his/her proportionate share. With the language of "full and final satisfaction of her liability herein" it sounds as though one debtor... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on

Q: when did seller have yo disclose flooding basements

Bruce Martin Broyles answered on Jul 5, 2019

A seller has to disclose on the Ohio Seller's disclosure form when the seller has actual knowledge of the issue. If the Seller has never lived in the house, the Seller may not have actual knowledge about a number of issues. If the Seller lived in the house for a number of years, it may be easier... Read more »

2 Answers | Asked in Real Estate Law for Ohio on

Q: As a seller, can I back out of a contract because the close date went longer than what was noted in the contract?

Contract read that close would be on or before 6/28. Closing was set for 7/1. Having sellers remorse and looking for an out that can’t be legally challenged.

Bruce Martin Broyles answered on Jun 27, 2019

If you were involved in scheduling the closing or have acquiesced, I do not think this sounds like a material breach. But you could cancel the contract and maybe the purchaser will not be willing to fight

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1 Answer | Asked in Real Estate Law for Ohio on

Q: I paid a security deposit for an apartment. I have not yet signed a lease. Can I get my deposit back if I don't move in?

Basically I'm wanting to know if I'm able to get my deposit back? I'm not able to move in now b/c of issues with the school district and my son's medical issues.

Bruce Martin Broyles answered on Jun 26, 2019

Yes. You should be able to get your deposit back. You did not sign the lease so it is not enforceable. A verbal lease agreement should only be enforceable once possession is taken. Did you sign anything when you paid the deposit. Was the deposit to act as a hold. Th e landlord will likely... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on

Q: Can you evict someone that is not on a lease but has crash on and off at residence for 30 days

There are two people on the lease the other one is saying that I formally have to evict him because he's lived there for 30 days on and off does not have mail delivered there his ID does not show him living there at this point both tenants just want him to leave I need to know if I can give a 7 day... Read more »

Bruce Martin Broyles answered on Jun 26, 2019

You could treat the individual as having a non-oral lease on a week to week basis, and that can be terminated by giving a written notice 7 days before the termination date. If he is there after the termination date, you then have to give him a three day notice, file an eviction complaint, and... Read more »

2 Answers | Asked in Real Estate Law for Ohio on

Q: Hello my home only list my husbands name in the event something happens to him do I automatically own it?

we are legally married and didn't really think anything about it until my daughter who works at a bank said I don't own it if I am not on the deed?

Bruce Martin Broyles answered on Jun 25, 2019

If your name is not on the deed, then the house will be distributed according to the laws of descent and distribution. An estate will have to be opened and the house will be distributed according to the will. If the will does not leave the house to the surviving spouse, then you will have to... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on

Q: I put a deposit down on an apartment a month ago and still haven't received a lease.

I've always been the first one to contact him and ask about any update (application approval, status of lease etc). He has stated that I'll have the lease at the end of the week (didn't happen) or the following week (after the next time I reached out - still hasn't happened). He didn't even contact... Read more »

Bruce Martin Broyles answered on Jun 19, 2019

The answer to your question depends on additional facts. Are you living in the apartment? If you are living in the apartment then you should be concerned that you have entered into an oral month to month lease that can be cancelled upon 30 days notice.

If you are not living in the...
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1 Answer | Asked in Contracts for Ohio on

Q: I have a home currently under contract to sell. It’s been three weeks with no response from the buyer. What can I do?

Bruce Martin Broyles answered on Jun 19, 2019

The purchase agreement should provide for a time period within which the buyer must take certain steps. Check to see if those steps have been taken. If not advise the buyer that the contract has been materially breached and you are cancelling the same.

The purchase agreement should also...
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3 Answers | Asked in Real Estate Law for Ohio on

Q: How long do I have to pursue seller for misrepresentation and fraud on property disclosure form ?

Seller 3/17 did not disclose any defects

Termite active infestation and buyers perceived significant steps to hide damage resulting in $40k+ repairs and treatment

Bruce Martin Broyles answered on Jun 19, 2019

The failure to disclose on the seller's property disclosure statement provides limited remedies and a very limited time period. I believe the remedy is to rescind the contract; rent to the home for the return of your money. However, active concealment is fraud. You have four (4) years from the... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on

Q: Can I be charged rent when I don’t live in the apartment anymore?

I live in ohio and I resigned my lease for 2019/2020. I decided I didn’t want to live there anymore and found someone to take my lease. She can’t move in until August 19. She technically took my resigned lease and the lease I’m currently in ends 7/22/2019. But the office said I am responsible... Read more »

Bruce Martin Broyles answered on Jun 13, 2019

You have a written contract obligating you to lease the apartment through 2020. It sounds as though you have someone who is willing to sublet the apartment from you. However, you are ultimately responsible for the tenant's obligations when you sublet. On the other hand, if the landlord is... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on

Q: I have a rental house in Elmore, OH that the renter has left, but all of her belongings are still there, what can I

The renter left the house on April 15th, as she ran up an electric/water bill so high that the village turned off both that day. Both the water and electric are still off today, so it is uninhabitable. She has not lived in the house since April 15th, nor has she paid rent since then. I have asked... Read more »

Bruce Martin Broyles answered on Jun 10, 2019

You can enter the real property with reasonable notice. Typically, you have to provide 24 hour written notice. However, under the circumstances, I believe knocking on the door would be reasonable notice. You can make repairs.

I suggest that you file an eviction action. The tenant will...
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